A capital case defendant who plans to use expert mental health testimony in an effort to avoid the death penalty must file a pretrial notice of intent and may be ordered to undergo a separate psychological evaluation by the prosecution’s specialist, the Tennessee Supreme Court said Monday.
In a unanimous decision, the court said accused murderers Paul Dennis Reid and Christopher Davis must comply with orders by three trial judges in Davidson and Montgomery counties requiring them to file pretrial notices of intent to present expert testimony as mitigation evidence at the sentencing phases of their trials. After notices are filed, the trial judges in their cases may, if requested by prosecutors, order Reid and Davis to undergo evaluations by mental health experts selected by the state.
“The defense will be afforded access to any expert reports prior to trial. The state will be afforded access to the reports only after a jury returns a verdict of guilty and the capital defendant confirms his or her intent to offer expert mental condition evidence in mitigation at the sentencing hearing,” Justice Frank Drowota wrote for the court.
Drowota wrote that providing the reports to the defense will “serve interests of judicial economy” by providing time to review the results and decide whether to confirm or withdraw the notice of intent. If the reports were withheld until after conviction, the sentencing phase would be delayed and jurors would be held up while the defense reached a decision based on the results, he wrote.
Justices adopted the notice, examination and disclosure requirements spelled out in the opinion as the governing procedure in every death penalty trial in which the defendant intends to introduce expert mental health mitigation evidence. Under the procedure adopted by the court, reports resulting from the mental health evaluations will be filed under seal with the trial court before jury selection begins.
The Supreme Court consolidated appeals filed by Reid and Davis and heard oral arguments in the case Oct. 15. The two defendants appealed orders by the trial judges requiring them to provide pretrial notice of their intention to introduce evidence relating to their mental condition during the sentencing phases of their trials.
Reid is charged in Davidson County with two counts of premeditated first degree murder and two alternate counts of first degree felony murder and in Montgomery County with two counts of first degree premeditated murder and two alternate counts of first degree felony murder for two separate killings. Davis is charged in Davidson County with two counts of premeditated first degree murder and two alternate counts of felony first degree murder. In each of the cases, prosecutors are seeking the death penalty.